Muswellbrook Coal Company Limited. Established No.1 Open Cut Extension FINAL NOISE MANAGEMENT PLAN (NMP) December 2010.

Transcription

1 Established 1907 FINAL NOISE MANAGEMENT PLAN (NMP) December 2010 Version 1 Originally Prepared (February 2005) by: Muswellbrook Coal Company Technical Services Department and Carbon Based Environmental Pty Limited Review Conducted by: Muswellbrook Coal Company Technical Services Department and Carbon Based Environmental Pty Limited

2 TABLE OF CONTENTS 1. INTRODUCTION 3 2. BACKGROUND Consent Conditions and NMP Reference Guide Noise Criteria OBJECTIVES 9 4. MANAGEMENT SAFEGUARDS AND AMELIORATIVE ACTIONS Existing Operations and Controls Initial Noise Mitigation Measures Other Noise Mitigation Measures Intermittent, Tonal and Low Frequency Noise Cumulative Noise Impacts Periodic Noise Monitoring Program Annual Noise Surveys of Plant and Equipment Noise Level Notification Process Consultation with Other Mines Community Consultation Process for Handling Noise Complaints Independent Noise Investigations (INI) Noise Reduction Plan (NRP) Acquisition Annual Noise Review MONITORING, REPORTING AND REVIEW Monitoring Reporting Reviews FIGURE 1 Noise Monitoring Locations

3 1. INTRODUCTION Muswellbrook Coal Company (MCC) is a wholly owned subsidiary of the Idemitsu Kosan Company Ltd. Group. Idemitsu Kosan Company Ltd. is a Japanese energy company with commercial interests in various parts of the world. MCC has a long association with coal mining at Muswellbrook, with underground coal mining commencing in 1907 and open cut operations in The mine is located on Coal Road, approximately 3 kilometres to the north-east of Muswellbrook as shown in regional map below. On the 1 st of September 2003, Development Consent for DA 205/2002 was granted by Muswellbrook Shire Council (MSC) to extend the former MCC No.1 Open Cut. The commenced operations in March 2005 and has a capacity to produce up to 2,000,000 tonnes coal per annum for domestic and export markets. The has approval to operate until 1 September The Development Consent requires the preparation, approval and implementation of an Environmental Management Strategy (EMS) and subordinate Environmental Management Plans (EMP). One of these EMPs is the (NMP). This plan was originally approved in February 2005 and has now been reviewed and updated to meet the requirements stated in Section 3.2(f) of the Consent (DA 205/2002): The management plans are to be reviewed and updated every 5 years or at other times as directed by MSC, in consultation with the relevant government agencies. Figure 1- Location Plan Version 1 December 2010 Page 3 of 18

4 2. BACKGROUND 2.1 Consent Conditions and NMP Reference Guide The Development Consent requires that a be developed in accordance with Condition (including construction and operational noise), in consultation with EPA and to the satisfaction of Muswellbrook Shire Council (MSC). The following table relates the development consent conditions to the relevant section of this plan. (i) (ii) (iii) (iv) Development Consent Requirement Demonstrate consistency in complying with noise criteria limits at the existing MCC operation; Include details of the conduct of noise investigations at six monthly intervals (unless otherwise agreed by MSC) to evaluate, assess and report the L Aeq (15 minute) noise emission levels due to the normal operations of the Project; Provide details regarding operating configuration, determining survey intervals, weather conditions and seasonal variations, selecting variations, locations, periods and times of measurements; Detail management measures where the target noise level criteria of this consent are predicted to be exceeded, or are exceeded during Mining Operations. These measures should include but not be limited to: Relevant Report Section The selection of representative monitoring locations within the community must be carried out in consultation with MSC; Prompt response to any community issue of concern; Refinement of on-site noise mitigation measures and mine operating procedures where practicable; Discussions with relevant property holders to assess concerns; Consideration of acoustical mitigation at receivers; and Consideration of negotiated agreements with property owners , , 4.11, 4.12 (v) (vi) Outline proactive/predictive and reactive mitigation measures to be employed on the site to limit noise emissions; Outline measures to reduce the impact of intermittent, low frequency and tonal noise (including truck reversing alarms); , 4.2, 4.3, 4.4, Version 1 December 2010 Page 4 of 18

5 (vii) (viii) (ix) (x) (xi) (xii) Notes: Survey and investigate noise reduction measures from plant and equipment annually, subject to noise monitoring results and/or complaints received, and report in the AEMR at the conclusion of the first 12 months of Mining Operations and set targets for noise reduction taking into consideration valid noise complaints over the previous year Specify the procedures for a noise monitoring program for the purpose of undertaking independent noise investigations; Outline the procedure to notify property owners and occupiers likely to be affected by noise from the operations; Maintain a protocol for handling noise complaints that includes recording, reporting and acting on complaints, particularly where complaints are received and it is demonstrated noise levels are in excess of the criteria contained in this consent; Record appropriate mechanisms for community consultation; and As far as practicable, details of the interrelationship of this plan with the noise management plan for other mines in the vicinity The Department of Mineral Resources (DMR) was incorporated into the Department of Primary Industries (DPI) and was a Division of Mineral Resources. DPI is now known as Investment and Industry NSW. The abbreviation DMR, will continue to be used in this plan to relate to this government agency. 2. The Environment Protection Authority (EPA) was previously incorporated into the Department of Environment and Conservation, then the Department of Environment and Climate Change (DECC) and is now known at the Department of Environment, Climate Change and Water (DECCW). The abbreviation EPA will continue to be used in this plan to relate to this government agency. 2.2 Noise Criteria The following noise criteria and noise control is taken from Condition of the Consent Conditions. Please refer to the Consent Conditions for any reference to other sections in the document: Noise Criteria EPA GTA Noise generated at the premises must not exceed the noise limits presented in Table 6 below: Table 6 Noise Limits (db(a)) Location Day Evening Night L Aeq(15 minute) L Aeq(15 minute) L Aeq(15 minute) L A1 (1 minute) R7 Watts R13 McMaster R15 Collins R16 Tuckey R17 Colvin R20 Gordon Version 1 December 2010 Page 5 of 18

6 Note: The EPA has advised that in order to prevent exceedences of the project specific noise levels during adverse meteorological conditions, especially at the R13 location, the saddle between the existing overburden dumps on the northern side of the No. 1 open-cut has to increase in height from RL205 to no greater than RL Noise Acquisition Criteria The acquisition zone for noise is defined by predicted or demonstrated exceedence of the noise levels shown in Table 7 below: Table 7 Acquisition Noise Limits (db(a)) Location Day Evening Night L Aeq(15 minute) L Aeq(15 minute) L Aeq(15 minute) R7 Watts R13 McMaster R15 Collins R16 Tuckey R17 Colvin R20 Gordon Interpretation of Noise Levels (a) For the purposes of condition and 6.4.2: * Day is defined as the period from 7am to 6pm Monday to Saturday and 8am to 6pm Sundays and Public Holidays; * Evening is defined as the period from 6pm to 10pm; and * Night is defined as the period from 10pm to 7am Monday to Saturday and 10pm to 8am Sundays and Public Holidays (b) Noise from the Project is to be measured within the residential boundary, or within 30m of the dwelling (rural stations) where the dwelling is more than 30m from the boundary to determine compliance with the LAeq(15 minutes) noise limit in Condition Where it can be demonstrated that direct measurement of noise from the project is impractical, the EPA may accept alternative means of determining compliance. See chapter 11 of the NSW Industrial Noise Policy. The modification factors presented in Section 4 of the NSW Industrial Noise Policy shall also be applied to the measured noise level where practical. (c) Noise from the project is to be measured at 1m (unless otherwise agreed with the property owner) from the dwelling façade, to determine compliance with the LA1(1 minute) noise limits in Condition (d) (e) The noise emission limits identified in Condition apply under meteorological conditions of: * Wind speed up to 3 m/s at 10 metres above ground level * Temperature inversion conditions of up to 3 degreesc/100m. The loading of large rocks onto mine trucks is to be undertaken outside the night time period. Version 1 December 2010 Page 6 of 18

7 Request for independent monitoring and acquisition (a) Monitoring and Management In the event that a landowner or occupier of a non-mined owned property considers that noise from the Project is in excess of the noise level criteria as set out in Condition and MSC is satisfied that an investigation is required, the Applicant shall upon the receipt of a written request from MSC: (i) consult with the landowner or occupants affected to determine their concerns; (ii) make arrangements for, and bear the costs of, following consultation as far as reasonably practicable with other mine operations in the vicinity where necessary, appropriate independent noise investigations in accordance with the to the satisfaction of MSC, to quantify the impact and determine the source of the effect and the contribution of the Project to the effect; (iii) modify the mining activity in accordance with a noise reduction plan prepared as part of the, if exceedence are demonstrated by the investigation to result in part from the mine related activity. This shall include: * introduction of additional controls, either on noise emission from individual sources on the site or on site operations or modify operations, to ensure that the noise criteria in Condition is achieved as far as possible, or; * seek agreement of the landowner, and in the case of the cumulative impacts the other relevant mines/industrial operations, to undertake noise mitigation measures at the dwelling to achieve a level which is at least 10dB(A) below the relevant external noise criterion; and * seek agreement of the landowner, and in the case of cumulative impacts with the other relevant mines/ industrial operations in the area and the landowner, to provide such other forms of benefit or amelioration of the impacts of noise as may be agreed between the parties as providing acceptable compensation for the noise levels experienced. (iv) conduct follow up investigations to the satisfaction of MSC, where necessary. If necessary, the follow up investigation should be conducted 3 months after the initial investigation to give MCC time to implement the recommended noise control. (b) (i) Acquisition If the independent noise investigation(s) in sub clause (a) above confirm that the noise acquisition criteria of condition is being exceeded by the Project alone, and the measures in Condition do not reduce the levels below this criteria, the Applicant shall at the written request of the landowner acquire the relevant property. Acquisition shall be in accordance with the procedures set out in condition (ii) If the independent noise investigations in Condition confirm that the noise acquisition criteria is being exceeded as a result of cumulative Version 1 December 2010 Page 7 of 18

8 impacts, including a contribution from the Project, the Applicant shall enter into consultation with neighbouring mines for the purchase of the affected property in accordance with the Condition Should the Applicant not be able to formulate a joint acquisition agreement with neighbouring mines in accordance with Condition 11.1 the Applicant shall at the written request of the owner acquire the relevant property. Acquisition shall be in accordance with the procedures set out in Condition 11.1 (c) If continued complaints and noise investigation confirm that the noise criteria is being exceeded as a result of the contribution from the Project, but are less than the noise acquisition criteria, the Applicant shall negotiate with the landowner until a resolution to the satisfaction of MSC is reached. (d) If a landowner disputes any noise mitigation or other measures proposed by the Applicant in accordance with sub-clause (a) above, the matter shall be referred by either the Applicant or landowner to MSC. If the matter cannot be resolved within 21 days, the matter shall be referred to the Independent Dispute Resolution Process. (e) Further independent investigations shall cease if MSC is satisfied that the relevant criterion in Condition (a) is not being exceeded and are unlikely to be exceeded in the future. Version 1 December 2010 Page 8 of 18

9 3. OBJECTIVES The objectives of the are to: Define the existing practices in place at MCC to ensure compliance with noise criteria limits; Outline the measures to be undertaken on site to mitigate noise emissions; Continue an annual noise survey for plant and equipment; Continue the community consultation process; Continue the process for recording, reporting and responding to complaints related to noise emissions; Have an annual review process to assess patterns identifiable from noise complaints for the preceding year; Continue Periodic Noise Monitoring program; Have an Independent Noise Investigation program; Have a Noise Reduction program; Have a noise level notification process; and Detail the process for noise-affected residences. 4. MANAGEMENT SAFEGUARDS AND AMELIORATIVE ACTIONS Existing Operations and Controls MCC's mining operations are located 1.6 to 3 km to the east of Muswellbrook and to the north of Coal Road. With the exception of Coal Road the is situated on freehold land owned by MCC. This land includes an area of existing and former open cut mine operations and the workings in several coal seams of former underground mining operations. The existing open cut mine produces thermal coal for both export and domestic markets. Coal is hauled by highway trucks along the private haul road to Muscle Creek Road and to the Ravensworth Coal Terminal (RCT) and is then transported by rail to the Port of Newcastle for export. Throughout the life of mine MCC has been committed to ensuring that the noise levels produced from the mine are in accordance with EPA Licence conditions. Version 1 December 2010 Page 9 of 18

10 All equipment in operation at MCC are maintained and operated in a proper and efficient manner so as to ensure that mining operations do not adversely affect the amenity of surrounding landholders. Community complaints made regarding operational noise are dealt with promptly and effectively. Initial Noise Mitigation Measures The extension of the Muswellbrook Coal No.1 Open Cut Mine is set amongst an area of existing disturbed and mined land. Surrounding land uses include Muswellbrook Shire Council's Waste Management Facility, agricultural activities such as grazing beef cattle, a light industrial estate, rural-residential areas, the North Muswellbrook urban area and St Heliers Correctional Centre. The greatest concentration of residential development close to the mine site is to the west, which comprises a large proportion of north Muswellbrook. The No.1 Open Cut Extension is predicted to operate without generally adversely impacting upon the acoustical amenity of non-mine owned residential receivers. During the Environmental Impact Assessment process a number of mitigation measures were determined to allow mining to operate under the noise criteria outlined in the Conditions of Consent. This included a number of recommendations pertaining to the monitoring of noise levels, adjusting mining operations accordingly and maintaining all plant equipment to operate efficiently. Most of the infrastructure associated with the mining operations is well concealed from the public due to the surrounding topography. Most industrial areas, the areas that have the potential for noise generation, including the Workshop and Coal Handling Plant, are well isolated from neighbouring residences. As a result most concern that neighbours have regarding operational noise is to do with active mining equipment. A number of mitigation measures have been developed to reduce the operational noise impacts on surrounding landholders. These include the following measures: Increasing the height of the saddle located to the north of the No.1 Open Cut to RL 224 to act as an acoustical barrier; The loading of large rocks, if they occur, onto mine trucks will be undertaken outside the night time period; Mining operations will be modified during unfavourable climatic conditions, if necessary; BarnOwl directional noise monitor utilised as a tool to assist in managing operational noise impacts, Mobile plant and machinery will be fitted with sound attenuation equipment, where necessary; Mobile plant and machinery shall be maintained and operated in a proper and efficient manner; and Regular road maintenance shall be carried out to minimise noise associated with corrugated or deteriorated road conditions. Version 1 December 2010 Page 10 of 18

11 Other Noise Mitigation Measures As part of the strategies to minimise noise, the following mining methods will be adopted: Equipment Type and Loading Methods Excavators and an electric rope shovel will be used instead of draglines. The excavator in backhoe configuration will have a lower noise impact by being able to carefully place material and larger rocks. MCC has procedures to train operators in working methods that minimise noise impacts. The use of a hydraulic excavator will enable overburden to be placed rather than dumped into haul trucks. The majority of overburden dumping will be in pit and noise from this operation will be shielded from North Muswellbrook by the walls of the pit and the existing spoil emplacement to the west of the existing No.1 Open Cut void. Equipment Modifications MCC will undertake economically feasible measures to reduce noise from its mining equipment. MCC s fleet of Komatsu 730E (190T capacity) dump trucks are sound attenuated, along with other selected plant which has been identified as emitting excessive noise. Haul Road Locations Haul roads from the No.1 Open Cut to the ROM area are planned to follow, as much as practicable, gullies and lower elevation areas to minimise the emission of noise to residential areas. Intermittent, Tonal and Low Frequency Noise Some operations on site have the potential to create intrusive intermittent or tonal noise that may be annoying to residents. Examples include the reversing alarms on mobile plant, the dropping of large rocks in haul trucks and low frequency vibration. Smart alarms are fitted on to all mobile plant equipment. Smart alarms are fully automated and designed to activate to 5dB above the ambient noise levels, adjusting tonal noise to suit the conditions. The use of the broad frequency range of reverse alarms shall be considered as these have been found to be particularly effective at other mining developments. As has been identified in Section 4.2, large rocks will not be loaded into haul trucks during the defined night period. This will reduce the potential of sleep arousal noise that could be experienced by residents. Low frequency noise/vibration has been associated with the coal preparation processes for the treatment of coal at some other locations. The MCC coal preparation plant was used from 1986 to During this time of operation no complaints associated with low frequency noise/vibration were experienced. It is not expected to be of concern during the Project. The coal preparation plant is situated approximately Version 1 December 2010 Page 11 of 18

12 3km to the east of North Muswellbrook within a natural hollow, and the hilly topography will assist to reduce noise. Cumulative Noise Impacts Worst-case noise impacts at Muswellbrook residences from operations generally arise when winds from the east and the prevailing south-easterly wind direction occur. Other operating or approved mines nearby to these residences include Mount Arthur Coal, Bengalla mine and the proposed Mount Pleasant mine, which are all further south-west, west and north-west from Muswellbrook. Therefore, under east and the prevailing south-easterly winds, these mines will have their lowest noise impact on Muswellbrook residences when MCC is having its greatest impact. Conversely, other nearby mines will have their maximum noise impact on Muswellbrook residences when winds are from the south-west, west to north-west. It was therefore concluded in an assessment by the EPA that operations at the No.1 Open Cut Extension will not give rise to cumulative noise impacts at Muswellbrook residences. Periodic Noise Monitoring Program Attended noise monitoring was undertaken after the first month of operation and has continued every six months under normal operating configuration. Locations of noise monitoring surveys are shown in Figure 1. Noise levels during attended measurements will be taken in third-octave bands with an instrument that has Type 1 characteristics as defined in AS Acoustics - Sound Level Meters. This instrument will have current calibration as per manufacturer s instructions and calibration will also be confirmed prior to and at the completion of measurements with a Sound Level Calibrator. The L Aeq (15 minute) noise emission levels, at each monitoring site, due to the normal operations of MCC will be determined. Each attended noise survey will be conducted over a 24-hour period so that each of the Day, Evening and Night-time periods are monitored. Nominally, each residence will be surveyed twice during the Day period, once during the Evening period, and twice during the Night period for a total of five measurements at each location. All noise monitoring and investigations conducted by independent consultants will be carried out in accordance with the NSW Industrial Noise Policy (INP) and applicable Australian Standards. Due to the distance of the mine from each residence, the monitoring of L A1 (1minute) at the facade is not necessary and will be conducted at the property boundary. Additionally, sound recordings of up to five minutes length will be taken with a digital recorder in any 15-minute measurement where MCC mining operations are audible. The recording will provide a representative sample of the mine noise at each location for comparative analysis as well as providing a permanent record of the event. The recording also enables the listener to identify any extraneous sounds, such as insect noise, when conducting a detailed analysis of the measured signal. Version 1 December 2010 Page 12 of 18

13 Details regarding mining operating configuration, survey interval, weather conditions and seasonal variations, selecting variations, locations, periods and times of measurements will be included in the noise monitoring report. Field notes are to be taken at the time of the measurement, recording the time and duration of noise events, noise levels (db), frequency (Hz), and source. Residences 7, 13, 15, 16, 17 and 20 will be included in the monitoring program or alternative locations will be determined in consultation with MSC. Annual Noise Surveys of Plant and Equipment MCC conducts an annual survey of all significant noise sources associated with the. The first survey was conducted at the conclusion of 12 months of mining operations. Where the actual noise measurements vary from those in the previous survey by more than 2dB(A), MCC shall arrange for an appropriate investigation and, where necessary, the installation of additional noise mitigation equipment. Noise Level Notification Process The actual noise level received at individual residences may vary as a result of: The location of mining equipment; The elevation of the mining equipment; Impacts from other noise sources; Prevailing wind conditions; and Prevailing meteorological conditions (i.e. temperature inversion). The EIS predicts slight exceedances (up to 2dB(A)) of the EPA Noise Criteria at the McMaster residence (Residence 13) and the Madden residence (Residence 12) under south easterly winds and temperature inversions in various mining scenarios in Year 1 of operations, although these are not anticipated to attain the Noise Acquisition Criteria. The EIS predicts slight exceedances (up to 2dB(A)) of the EPA Noise Criteria at the Gordon residence (Residence 20), Ardee Holding residence (Residence 21), M Bowman residence (Residence 22) and N Bowman residence (Residence 23) during north westerly winds in various mining scenarios in Year 5 of operations, although these are not anticipated to attain the Noise Acquisition Criteria. MCC regularly reviews the results obtained in the Periodic Noise Monitoring to identify any significant variations from these predictions and, if variations are identified, report this in the AEMR. Version 1 December 2010 Page 13 of 18

14 Consultation with Other Mines Other operating mines or approved mines nearest to Muswellbrook include Bengalla, Mt Arthur Coal, Drayton, Mount Pleasant (not commenced) and Dartbrook (currently under care and maintenance), which are all further south/west/north-west to MCC. Therefore, under south easterly wind conditions, these mines will have their lowest impact on Muswellbrook residences when MCC is having its greatest impact. Conversely, nearby mines will have their maximum impact on Muswellbrook residences when winds are from the west to north-west, whilst MCC's operations are having their least impact. As a result of this, there have been relatively few, if any, instances where cumulative effects have been experienced as a result of operational noise from MCC in conjunction with neighbouring mines. However, MCC representatives meet on a regular basis with other coal mines to discuss environmental issues. If problems do emerge with regard to cumulative effects involving MCC, procedures will be developed with the other mine(s) to manage and mitigate against operational noise related impacts. Community Consultation Prior to commencement of operations in the No. 1 Open Cut Extension, a variety of consultative processes for noise impacts were implemented. They included: The Community Consultative Committee was fully briefed in respect to potential noise impacts; A newsletter to residences in the North Muswellbrook, Sandy Creek Road and Muscle Creek Road areas was distributed advising them of the commencement of operations; Personal contact with the occupiers of Residences 12, 13, 20, 21, 22 and 23 regarding potential noise impacts detailed in the EIS; Telephone contact and meetings with other nearby residences regarding noise issues. Process for Handling Noise Complaints MCC operates a toll free 24-hour Environmental Contact Line, where residents can be connected with the mine personnel directly or leave details about an enquiry or complaint they may have regarding the mining operations. The Environmental Contact Line number is and is regularly advertised in the local media. On receiving an enquiry or complaint, Muswellbrook Coal Technical Services staff will promptly investigate and isolate the source of the complaint and report back to the complainant with the findings. MCC will be responsible for: Maintaining the system for recording complaints; Version 1 December 2010 Page 14 of 18

15 Ensuring that all complaints are entered into a log book or similar database; Ensuring that an initial response is provided to the complainant within 24 hours of receipt of complaint; Ensuring that a summary of the complaints report is included in the AEMR; and, In respect to cumulative impacts, consulting with Environmental Officers in neighbouring mines to co-ordinate a response to any complaints. The MCC complaints record shall include the following details for noise complaints: The date and time of complaint; Any personal details the complainant wishes to provide or if no such details are provided a note to that effect; The nature of the noise that led to the complaint, including the time of the noise and its duration; The action taken by MCC in relation to the complaint, including any follow-up contact with the complainant; and, If no action was taken by MCC, the reason why no action was taken. If any complainant does not consider the initial response from MCC to adequately address their concerns, the complainant or MCC can refer the complaint to MSC, in accordance with the Complaints Mechanism, which is included in the Draft Guidelines for Community Consultative Committees Operating in the Muswellbrook Shire. The Complaints Mechanism process is also described in the Environmental Management Strategy. Independent Noise Investigations (INI) In the event that a landowner or occupier of a non-mine owned property considers that noise from the Project is in excess of the Noise Criteria and MSC is satisfied that an investigation is required, the Applicant shall upon the receipt of a written request from MSC: undertake consultation with the landowner or occupant affected to address their noise concerns. MCC will contract independent acoustical consultants to conduct noise surveys to quantify noise impacts and determine the noise source. The consultants will follow the noise monitoring protocol outlined in this NMP. MCC will follow up the complaint and take reasonable action if noise from the Project is found to exceed the Noise Criteria at residences. This shall include the preparation of a Noise Reduction Plan (NRP), detailed in 4.13 below; conduct follow up investigations to the satisfaction of MSC, where necessary. If necessary, the follow up investigations should be conducted 3 months after the initial investigation to give MCC time to implement the recommended noise control. Version 1 December 2010 Page 15 of 18

16 All noise investigations conducted by independent consultants will be carried out in accordance with the NSW Industrial Noise Policy (INP) and applicable Australian Standards. Reference is also made to the Independent Noise/Dust Monitoring Process explanatory flowchart found in Schedule A of the Development Consent Conditions. If the landowner or occupant is not satisfied with the actions taken by MCC, the requirements in condition of the Development Consent will apply. Noise Reduction Plan (NRP) If Noise Criteria from the Project is being exceeded at one or more residences as determined by the Independent Noise Investigation and/or from real time noise monitoring, MCC will initiate appropriate action to modify the mining operation to achieve compliance. This action may involve: Transferring mining operations to less exposed areas; Temporary cessation of operations; Identifying the highest excessive noise emitters and removing them temporarily from the operation; Installation of additional sound attenuation on identified equipment; Working the equipment in different shift patterns; Construction of additional noise bunding or barriers; Other additional controls, either on noise emission from individual sources on the site or modification of operations, to ensure that the Noise Criteria is achieved as far as possible; If the above actions or other additional controls fail to control the noise emissions, the following actions shall include: Seek agreement of the landowner and, in the case of the cumulative impacts with the other relevant mines / industrial operations in the area contributing to the cumulative impact, to undertake noise mitigation measures at the dwelling to achieve a noise level which is at least 10 db(a) below the relevant external Noise Criteria; Seek agreement of the landowner and, in the case of cumulative impacts with other relevant mines / industrial operations in the area, to provide such other forms of benefit, amelioration or compensation as may be agreed between the parties as providing acceptable compensation for the noise levels experienced. Acquisition If the Independent Noise Investigation(s) above confirm that the Noise Acquisition Criteria of Condition of the Consent Conditions is being exceeded by the Project alone, and all the control measures in this NMP and the Noise Reduction Plan do not reduce the levels below this Criteria, the Applicant shall at the written request of the landowner acquire the relevant property. Acquisition shall be in accordance with the procedures set out in condition 11.1 of the Consent Conditions. Annual Noise Review MCC will, as part of the AEMR process, review the results of: Version 1 December 2010 Page 16 of 18

17 Operational Noise Surveys; Periodic Noise Monitoring; Independent Noise Investigations; and Noise-related complaints. This review process is to identify, investigate and report on any noise-related patterns and, where necessary, develop and implement appropriate mitigation measures. Strategies and targets will be formulated and reported in the AEMR to reduce noise emissions. The results of these strategies will then be reported on in subsequent AEMRs. 5. MONITORING, REPORTING AND REVIEW Monitoring MCC will monitor the results of: The Annual Operational Noise Survey; Periodic Noise Surveys; Independent Noise Investigations; and Noise complaints from the community. MCC will, as required, instigate noise amelioration measures to ensure compliance with Noise Criteria or other such actions as defined within this Noise Management Plan. Reporting MCC will provide MSC with a copy of the Periodic Noise Monitoring Report on a 6- monthly basis. The results of Periodic Noise Monitoring and Independent Noise Investigations are to be presented to the Muswellbrook Coal Company Community Consultative Committee (MCCCCC). MCC will report the results of noise monitoring as part of the AEMR. Monitoring results will be summarised and interpreted in order to describe any obvious trends. 5.3 Reviews The shall be reviewed and updated every five (5) years in accordance with Condition 3.2(f) of the Consent Conditions; or at other times as Version 1 December 2010 Page 17 of 18

18 directed by MSC, in consultation with EPA and MSC. The review should consider changing environmental requirements or changes in technology/operational practices. This review is the first 5-year review of this document. Version 1 December 2010 Page 18 of 18

19 FIGURE 1 Periodic Noise Monitoring Locations